The bill H. 5329 aims to amend Section 17-22-960 of the South Carolina Code of Laws, focusing on the disclosure of expunged criminal records by applicants for employment or admission to educational institutions. It stipulates that employers and educational institutions cannot require applicants to disclose any arrests, criminal charges, or convictions that have been expunged. Additionally, applicants are not obligated to answer questions regarding such expunged records. However, this provision does not apply to campus security departments, which may still inquire about confidential information for employment purposes.

The bill also establishes civil enforcement mechanisms for violations of these provisions. Employers or educational institutions found in violation will receive a written warning for the first offense and may incur a civil penalty of up to $500 for subsequent violations. Importantly, the bill clarifies that it does not create a private cause of action against employers or educational institutions, ensuring that individuals cannot sue for violations of this law. The act will take effect upon approval by the Governor.

Statutes affected:
03/05/2026: 17-22-960
Latest Version: 17-22-960